MARVIN MANDEL, Governor                                      315

THE PROHIBITION OF THIS SECTION DOES NOT APPLY TO
ANY OFFICER, EMPLOYEE, OR AGENT OF A TELEPHONE OR
TELEGRAPH COMPANY WHO PERFORMS AN ACT PROHIBITED IN
THIS SUBTITLE FOR THE PURPOSE OF CONSTRUCTION,
MAINTENANCE, OR CONDUCT OF THE COMPANY'S TELEPHONIC OR
TELEGRAPHIC COMMUNICATIONS SERVICE, FACILITIES, OR
EQUIPMENT.

REVISOR'S NOTE: This section is new language
derived from Art. 35, §93. This section is
revised into three subsections with
substantially the same language. This
division highlights the provisions of this
section and presents the section in a clearer
and more readable system.

SEC. 10-403. EX PARTE ORDER FOR INTERCEPTION.

(A)   APPLICATION.

AN EX PARTE ORDER FOR THE INTERCEPTION OF
TELEPHONIC AND TELEGRAPHIC COMMUNICATIONS MAY BE
ISSUED BY A JUDGE OF A CIRCUIT COURT, THE SUPREME
BENCH OF BALTIMORE CITY, OR THE DISTRICT COURT UPON
THE VERIFIED APPLICATION OF THE ATTORNEY GENERAL OR A
STATE'S ATTORNEY SETTING FORTH FULLY THE FACTS AND
CIRCUMSTANCES UPON WHICH THE APPLICATION IS BASED AND
STATING THAT:

(1)    THERE ARE REASONABLE GROUNDS TO BELIEVE
THAT A CRIME HAS BEEN [[COMITTED]] COMMITTED OR IS
ABOUT TO BE COMMITTED.

(2)    THERE ARE REASONABLE GROUNDS TO BELIEVE
THAT EVIDENCE WILL BE OBTAINED ESSENTIAL TO THE
SOLUTION OF A CRIME, OR WHICH MAY ENABLE THE
PREVENTION OF A CRIME.

(3)    THERE ARE NO OTHER MEANS READILY
AVAILABLE FOR OBTAINING THE INFORMATION.

(B)   GROUNDS STATED.

WHERE STATEMENTS ARE SOLELY UPON THE INFORMATION
AND BELIEF OF THE APPLICANT, THE GROUNDS FOR THE
BELIEF HOST BE GIVEN.

(C)   PRIOR APPLICATION.

THE APPLICANT MUST STATE WHETHER ANY PRIOR